Terms & Conditions

Last Updated: 14 July, 2014

 

Cultural Detective® is owned and operated by Nipporica Associates LLC, which provides access to intellectual property and proprietary information. Use of www.culturaldetective.com and all related sites, as well as any emails with representatives of Nipporica, are subject to the following terms and conditions.
Please read these terms carefully as you are bound by them. 



Nipporica Associates provides all information and materials on this Web site (hereinafter the "Site") subject to the following terms and conditions, as well as the specific Cultural Detective® License Agreement provided to persons downloading the Cultural Detective® materials (collectively the "Terms and Conditions"). By using this Site, you agree to all of the Terms and Conditions.

Modifications to the Site and the Terms and Conditions

Nipporica Associates may make improvements and/or changes to the Site or Content at any time without notice. As such, changes may, without notice, be periodically added to the Site and Content. Further, Nipporica Associates reserves the right at any time to discontinue on a temporary or permanent basis the operation of this Site, any information, products and/or services available on this Site and/or your access thereto. You agree that Nipporica Associates shall not be liable to you or any third party for any termination of the Site or any Content, or your access thereto.

Nipporica Associates also reserves the right at any time to modify these General Terms and Conditions and any other applicable terms and conditions to your use of the Site. Please review this page and any other notices on the Site on a regular basis to identify any such modifications. Your continued use of the Site serves as your acknowledgement and agreement to observe the applicable terms and conditions.

Introduction

You will be able to access certain areas of this Site without registering your details with us. Other areas require you to be registered, while others require you to have a subscription.



By accessing any part of this Site, you shall be deemed to have accepted these terms and conditions in full. If you do not accept these terms and conditions in full, you must leave this Site immediately. 



Ownership and Restriction on Use

All pages within the Site and all information, images, materials, products and services available on or through the Site (the "Content") are the property of Nipporica Associates or used with permission. Except as specifically permitted hereunder, you, or anyone else authorized by you, may not copy, reproduce, republish, upload, post, transmit, or distribute the Content. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of piracy and publicity, and communications regulations and statutes.



Except as provided in the specific Cultural Detective® License Agreement provided to persons downloading the Cultural Detective® materials, you agree that you will use the information on this Site for your own reference and learning purposes or to demonstrate the site capabilities to others. If used in a training, coaching or presentation environment, you are permitted to display content from the Site, but not to engage learners in the Cultural Detective® Method. To engage learners in the Cultural Detective® Method (e.g., have them use the Worksheet) requires a site license, usage license or Cultural Detective Online subscription for all learners. Further, you agree to verbally give reference to the name of our Site and to offer the URL to our site if asked. You are prohibited from providing your logon details to others for access to your site subscription. You agree not to attempt to print or otherwise copy any of the information in or on the Site except that information for which we have provided the specific ability to print (i.e., My Notes, Newsletters). You agree not to exploit our Site or any of its contents. 

Any rights not expressly granted in these terms are reserved. 



Trademarks, Logos, and Service Marks

The trademarks, logos, and service marks (collectively the "trademarks") displayed on this Site are registered trademarks of Nipporica Associates. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks displayed on this Site without the written permission of Nipporica Associates. Your misuse of the trademarks displayed on this Site is strictly prohibited. You are also advised that Nipporica Associates will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.

Service Access

While we desire and work hard to ensure that this Site is available 24 hours a day, we will not be liable if for any reason this Site is unavailable at any time or for any period. If you ever encounter the Site not fully functioning, please let us know at techsupport@culturaldetective.com.

Access to this Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. If a protracted maintenance period is foreseen by Nipporica Associates, we will attempt to notify registered users in advance via email.


User Uploaded Information

Certain functionality allows for the uploading of personal information to the Site by subscribed users. This includes User Notes regarding learning from the material contained on the Site. Nipporica Associates follows best practices in keeping such information secure. Nipporica Associates will never access or share any User Notes without express written consent from the user. Other functionality allows subscribed users in a group to share incidents and collaborate on incidents with other users. Nipporica Associates has no control over what content a user shares or over who is allowed to be in a group. It is the responsibility of the user to be aware of this before sharing such information. Nipporica Associates has no liability for anything that happens as a result of the sharing of user-uploaded and shared incidents. Nipporica Associates recommends that key information such as names and other identifying information be changed prior to sharing.

Use of Questions, Feedback
 and Related Information

Any questions, corrections or comments concerning this Site may be reported to Nipporica Associates. Please note, however, that any feedback information, such as questions, corrections, comments, suggestions, ideas and the like regarding the Content of this Site shall be deemed to be non-confidential and Nipporica Associates shall have no obligation of any kind with respect to such information. Further, Nipporica Associates shall be free to use, disclose, reproduce and distribute such feedback information to others without limitation, and Nipporica Associates shall be free to use, and shall be the owner of, such ideas, concepts, know-how or techniques contained in such feedback information for any purpose whatsoever without compensation to any other party, including, without limitation, developing, manufacturing and marketing products incorporating such information. Nipporica Associates has no obligation to review, use or respond to such feedback.

As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by the applicable terms and conditions. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Site.

As a condition of our subscription service, you acknowledge and agree that a separate subscription and corresponding log on ID is required for each unique user of the service. User ID's and passwords are not to be shared. Violation of this term will result in the immediate suspension of the user account involved.


If asked to do so by law enforcement agencies, we will work with and provide data to assist in pursuing any possible violation of the above.

Links to and From Other Websites

This Site may provide links to other websites. Nipporica Associates has no control over the linked sites and is not responsible or liable for any content, advertising, information, links, products, services or other materials available on such sites. Nipporica Associates is providing these links only as a convenience to you. The inclusion of any such link does not imply any type of endorsement by Nipporica Associates of the linked site, its operators or any of the content, advertising, information, links, products or services available on or through such sites. Nipporica Associates shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, information, links, products or services available on or through any such linked site.

If you would like to link to this Site, you may only do so on the basis that you link to, but do not replicate, the home page of this Site, and subject to the following conditions:

(a) You do not remove, distort or otherwise alter the size or appearance of the Cultural Detective® logo; 


(b) You do not create a frame or any other browser or border environment around this Site; 


(c) You do not in any way imply that we are endorsing any products or services other than our own; 


(d) You do not misrepresent your relationship with us nor present any other false information about us; 


(e) You do not otherwise use any Cultural Detective® trademarks displayed on this Site without our express written permission;

(f) You do not link from a website that is not owned by you; and

(g) Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

If you would like to link to our website in any other manner, you must contact us at sales@culturaldetective.com
. We expressly reserve the right to revoke the right granted above for breach of these terms and to take any action it deems appropriate. You shall fully indemnify us for any loss or damage suffered by us for breach of the above.



Registration/Subscription

Registration and subscription are optional. However, if you do register or subscribe, you do so on a per-user basis only. We do not permit a user to share their user name and password with any other person nor with multiple users. If we determine that you are using your account in that way, we will warn you about your behavior. If the behavior continues, we will terminate your account.

You are responsible for knowing and keeping track of your password. For your assistance, a password reset capacity is provided on the site.

Warranty Disclaimer; Limitation of Liability; Indemnities

THE MATERIALS AND THE INFORMATION CONTAINED THEREIN ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.FURTHER, THE MATERIALS MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NIPPORICA ASSOCIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AT ANY TIME WITHOUT NOTICE. 

IN NO EVENT SHALL NIPPORICA ASSOCIATES, DIANNE HOFNER SAPHIERE, THE AUTHORS OF THE CONTENT OR THEIR EMPLOYEES OR REPRESENTATIVES BECOME LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY LOSS OR DAMAGES, CONSEQUENTIAL OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, TIME, MONEY OR GOODWILL, ARISING FROM THE USE, OPERATION OR MODIFICATION OF THE CONTENT BY YOU, EVEN IF NIPPORICA ASSOCIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. Some states do not allow the exclusion or limitation of implied warranties or liability for incidental and consequential damages, so the above limitation may not apply to you.

You further agree to indemnify, defend and hold harmless Nipporica Associates for any and all liability of any nature arising out of or resulting from the lack of accuracy or correctness of the Content or the use of the Content by you.

General Provisions

This Agreement shall be governed by and construed in accordance with the laws of the state of Kansas, USA, without giving effect to any principles or conflicts of law. If any provision of this Agreement shall be unlawful, void, or for any reason, unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any other provision. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties. 



IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.